Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for compensation for wrong done - Mere injury or wrong done without anything more would not suffice to sustain claim of compensation - Wrong done takes both the act and effect - In the instant case, death of daughter of plaintiff happened in Delhi but its..........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party -As against the proposed defendants plaint averments do not indicate any cause of action and right to sue - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment neither change the cause of action nor change the nature of suit - It only intends to add one additional relief - More so, additional prayer to be incorporated in the plaint are in consonance with the facts narrated in the plaint and relief that they have been trying to secure from the..........
Civil Procedure Code, 1908, Order 5, Rule 2 -- Service of summons - Service contemplated in terms of O.5.R.2 CPC would imply service of summons along with the copy of plaint...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Bar of res judicata - Issue of res judicata cannot be decided in an application U.O.7.R.11 CPC, as adjudication on the issue involves consideration of pleadings in earlier suit, judgment of trial Court and Judgment of Appellate Courts...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that defendants do not have any easementary right in their agricultural land is maintainable before civil Court - Application U.O.7.R.11 CPC rightly dismissed. (Rajasthan Tenancy Act, 1955, S.207)...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Mis-joinder of parties or mis-joinder of causes of action cannot be considered for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while considering as to whether a plaint has to be rejected or not it is entitled to see only plaint and its averments and documents filed along with it and anything extraneous to it cannot form part of consideration...........
